Federalism and the Rehnquist Court
A Normative Defense
Bibliographic Data
| ID | 9752675 |
|---|---|
| Authors | Steven G Calabresi (Northwestern University, corresponding author) |
| Year | 2001 |
| Volume | 574 |
| Issue | 1 |
| Pages | 24-36 |
| Publication date | 2001-03-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Annals of the American Academy of Political and Social Science (JOURNAL) |
| Journal identifiers | ISSN: 0002-7162 • E-ISSN: 1552-3349 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/0002716201574001002 |
| OpenAlex | W4236920741 |
| Language | EN |
| Citations received | 8 |
| References cited | 5 |
The revival of federalism limits on national power by the U.S. Supreme Court is a happy development for three reasons. First, judicial review is as beneficial and as needed in federalism cases as it is in Fourteenth Amendment cases, and such judicial review does not raise the problems of the countermajoritarian difficulty. Second, Congress cannot be trusted alone to police the federalism boundaries that limit its own power. Finally, federalism is an incredibly important feature of the American constitutional order. This is indicated by (1) the prominence of federalism concerns in the text of our Constitution; (2) the importance of federalism in other countries around the world today; (3) the fact that the economics of federalism suggest some well-known reasons why constitutionally mandated decentralization is a good thing; and (4) the serious concerns about the dangers of excessive national power implicated by the specific issues that the Supreme Court's federalism case law touches upon
Commerce Clause · Constitution · Cooperative federalism · Criminology · Decentralization · Dual federalism · Federalism · Law and economics · New Federalism · Normative · Political science · Politics · Power (physics · Sociology · Supreme court · American Constitutional Law and Politics · International Law and Aviation · Law · Legal and Constitutional Studies · Psychology · Taxation and Legal Issues
The Rehnquist Court and the Political Dynamics of Federalism
Federalism, Devolution, and Liberty
Dead or Alive? The Federalism Revolution and Its Meaning for Public Administration
Judicial Behavior and the Rehnquist Court's Federalism Revolution
How Supreme Court Justices Supervise Ideologically Distant States
| Unique citing works | 5 |
|---|---|
| Citations per year | 0,36 |
| Citation span | 2004 - 2017 (14) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 8 |